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II.5.140 (CARRIAGE OF PASSENGERS 1961) INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO THE CARRIAGE OF PASSENGERS BY SEA AND PROTOCOL, 1961

The Ratification of Maritime Conventions

Chapter I.5.140

INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO THE CARRIAGE OF PASSENGERS BY SEA AND PROTOCOL, 1961

ADOPTED: Done at Brussels, 29 April 1961
REFERENCE: CARRIAGE OF PASSENGERS, 1961
ENTERED INTO FORCE: 4 June 1965
DEPOSITARY: Belgian Ministry of Foreign Affairs
SECRETARY: Belgian Ministry of Foreign Affairs

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article XV

This Convention shall be open for signature by the States represented at the eleventh session of the Diplomatic Conference on Maritime Law.

Article XVI

This Convention shall be ratified and the instruments of ratification shall be deposited with the Belgian Government.

Article XVIII

Any State not represented at the eleventh session of the Diplomatic Conference on Maritime Law may accede to this Convention.

The instruments of accession shall be deposited with the Belgian Government.

The Convention shall come into force in respect of the acceding State three months after the date of the deposit of the instrument of accession of that State, but not before the date of entry into force of the Convention as established by Article XVII, paragraph (1).

ENTRY INTO FORCE

Article XVII

(1) This Convention shall come into force between the two States which first ratify it, three months after the date of the deposit of the second instrument of ratification.

(2) This Convention shall come into force in respect of each signatory State which ratifies it after the deposit of the second instrument of ratification, three months after the date of the deposit of the instrument of ratification of that State.

DENUNCIATION

Article XIX

Each High Contracting Party shall have the right to denounce this Convention at any time after the coming into force thereof in respect of such High Contracting Party. Nevertheless, this denunciation shall only take effect one year after the date on which notification thereof has been received by the Belgian Government.

PROTOCOL (RESERVATIONS)

Any High Contracting Party may at the time of signing, ratifying or acceding to this Convention, make the following reservations:

(1) not to give effect to the Convention in relation to carriage which according to its national law is not considered to be international carriage;

(2) not to give effect to the Convention when the passenger and the carrier are both subjects of the said Contracting Party;

(3) to give effect to this Convention either by giving it the force of law or by including the provisions of this Convention in its national legislation in a form appropriate to that legislation.

AMENDMENTS

Article XXII

Any High Contracting Party may three years after the coming into force of this Convention, in respect of such High Contracting Party or at any time thereafter, request that a Conference be convened in order to consider amendments to this Convention.

Any High Contracting Party proposing to avail itself of this right shall notify the Belgian Government which, provided that one third of the High Contracting Parties are in agreement, shall convene the Conference within six months thereafter.

TERRITORIAL APPLICATION

Article XX

(1) Any High Contracting Party may at the time of its ratification of or accession to this Convention or at any time thereafter declare by written notification to the Belgian Government that the Convention shall extend to any of the countries which have not yet obtained sovereign rights and for whose international relations it is responsible.

The Convention shall three months after the date of the receipt of such notification by the Belgian Government, extend to the countries named therein.

The United Nations Organisation may apply the provisions of this Article in cases where they are the administering authority for a country or where they are responsible for the international relations of a country.

(2 The United Nations Organisation or any High Contracting Party which has made a declaration under paragraph (1) of this Article may at any time thereafter declare by notification given to the Belgian Government that the Convention shall cease to extend to such country.

This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government.

RESERVATIONS

(IML Translations)

Cuba

“ . . . with the following reservations:

1. Not to apply the Convention which, according to national law, is not considered to be international transport.

2. Not to apply the Convention when both the passenger and the transporter are nationals of the contracting party.

3. To give effect to this Convention, either by giving it the force of law, or by including in national legislation the provisions of this Convention in a form appropriate to this legislation.

France

“ . . . with the following reservation: the Government of the French Republic reserves the right not to allow the nationals of States to benefit from the present Convention by exercising the rights recognised by article VIII of the Convention and by the additional Protocol in circumstances which distort the intention of the said Convention.”

Morocco

“to exclude from the field of application of this Convention:

1. the transport of passengers by armed vessels or in the sense given to these expressions by article LII of Annex 1 of Dahir of 28 Joumada II 1337 (31 March 1919) forming the Commercial Maritime Code, which was modified by the Dahir of 29 Chaabane 1380 (15 February 1961).

2. International transport of passengers in the case of the passengers and carrier both being of Moroccan nationality.

As far as the transport of passengers is concerned…the above registers the limitation of liability according to the provisions of article CXXVI of Annex 1 of the Dahir of 28 Joumada II 1337 (31 March 1919) forming the Commercial Maritime Code, which was modified by the Dahir of 16 Joumada 1367 (26 April 1948).”

Switzerland

“With the reservation of paragraph 3 of the Protocol.”

Retraction of the reservation by note verbale from the Swiss Embassy at Brussels, dated 12 June 1987, received 24 June 1987.

On 24 June 1987 a note verbale was received at the Belgian Ministry of Foreign Affairs, Overseas Trade and Co-operation and Development dated 12 June 1987 ref. 762 1 (1), emanating from the Swiss Embassy in Brussels, notifying the following:

“The reservation made by Switzerland as far as the signature of the international Convention for the unification of rules relating to the carriage of passengers by sea, concluded at Brussels 29 April 1961, not having been confirmed at the time of ratification is instead considered as having been withdrawn.”

United Arab Republic

“With the reservations provided in paragraphs 1, 2 and 3 of the Protocol.”

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